41
unconstitutionality.”95 On June 10, 1994, the First Criminal Trial Court “forwarded”
the said request to leave the country to the complainants and, the same day, the
latter ratified their opposition to Mr. Canese being granted permission to leave the
country.96
69(57) On June 14, 1994, after Mr. Canese and his lawyer had filed a brief that
same day asking for a decision on the request for permission to leave the country of
June 8, 1994 (supra para. 69(55)),97 the First Criminal Trial Court issued
interlocutory order No. 622, deciding “not to admit” this request. The said Court
considered that Mr. Canese was in the same situation as that determined on April 29,
1994 (supra para. 69(53)) and stated that “even though the reasons [were]
different, the intention [was] the same (to leave the country).”98
69(58) In May 1997, Mr. Canese and his lawyers submitted to the Supreme Court
of Justice of Paraguay a request for permission for Mr. Canese to travel to Uruguay
to appear as a witness before the Uruguayan courts on May 12, 1997, in a lawsuit
filed by Juan Carlos Wasmosy against the newspaper “La República.” The Supreme
Court of Justice of Paraguay failed to rule on this request.99
69(59) On October 17, 1997, the Attorney General’s office issued report No. 1288,
in which it indicated to the Supreme Court of Justice of Paraguay that “it [could] not
process” the “action on unconstitutionality filed” by Mr. Canese (supra para. 69(54)),
because the latter had not filed remedies of appeal and annulment against the
decision of first instance and “consequently they are not final.”100
95
Cf. decision issued by the Supreme Court of Justice of Paraguay on June 10, 1994 (copy of the
file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the
First Criminal Trial Court, file of attachments to the brief answering the application, and with observations
on the brief with requests and arguments, tome I, attachment 4, folios 950 and 951).
96
Cf. decision of the First Criminal Trial Court of June 10, 1994; and brief of June 14, 1994,
presented by the complainants’ lawyer to the First Criminal Trial Court (copy of the file of the criminal
proceeding against Ricardo Canese for the offenses of slander and injuria before the First Criminal Trial
Court, file of attachments to the brief answering the application, and with observations on the brief with
requests and arguments, tome I, attachment 4, folios 950, 952 and 953).
97
Cf. brief of June 14, 1994, presented by Canese to the First Criminal Trial Court (copy of the file
of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the First
Criminal Trial Court, file of attachments to the brief answering the application, and with observations on
the brief with requests and arguments, tome I, attachment 4, folio 954).
98
Cf. interlocutory order No. 622 issued by the First Criminal Trial Court on June 14, 1994 (copy of
the file of the criminal proceeding against Ricardo Canese for the offenses of slander and injuria before the
First Criminal Trial Court, file of attachments to the brief answering the application, and with observations
on the brief with requests and arguments, tome I, attachment 4, folios 955 and 956).
99
Cf. testimony of Ricardo Nicolás Canese Krivoshein given before the Inter-American Court during
the public hearing held on April 28, 2004; newspaper article entitled “Convocarán a testigos paraguayos”
published on April 4, 1997 (file of attachments to the application, attachment 17, folios 166 and 167);
newspaper article entitled “Justicia uruguaya citó a testigos paraguayos para el 12 de mayo,” published on
May 3, 1997, in the newspaper “Noticias” (file of attachments to the application, attachment 17, folio
168); and newspaper article entitled “No testificó porque la Corte le negó ir” published on May 15, 1997,
in the newspaper “La Nación” (file of attachments to the application, attachment 17, folio 169).
100
Cf. report No. 1,288 issued by Attorney General’s office on October 17, 1997 (file of attachments
to the application, attachment 18, folio 209, and file of attachments to the brief with requests and
arguments, attachment 2, folio 568); and testimony of Ricardo Nicolás Canese Krivoshein given before the
Inter-American Court during the public hearing held on April 28, 2004.
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